Muhammad Yusuf Saleem

Islamic Commercial Law

• Broschiertes Buch

Produktbeschreibung

A concise study of the practices in Islamic commercial law

Filling a gap in the current literature, Islamic Commercial Law is the only book available that combines the theory and practice of Islamic commercial law in an English-language text. From the experts at the International Islamic University Malaysia, the book examines the source materials in the Qur'an and Hadith, and highlights the views and positions of leading schools of Islamic law, without burying the reader in juristic minutia. It combines theory with practice to address the needs of students while providing a pragmatic treatment of Islamic contracts. It provides diagrams for individual contracts to reveal the type and nature of the contractual relationships between parties and discusses all types of fundamental transactions, including sales, loans, debt transfers, partnerships, and more.
Written by experts from the International Islamic University Malaysia, the leading organisation in research in Islamic finance
Closes a vital gap in the English-language literature on Islamic commercial law
Features end-of-chapter questions to enable self-testing and provoke critical thinking

An ideal guide for current students, researchers, and practitioners, Islamic Commercial Law offers a concise yet comprehensive coverage of the subject.

Produktdetails

• Wiley Finance Series
• Verlag: Wiley & Sons
• 1. Auflage
• Seitenzahl: 224
• Erscheinungstermin: 17. April 2013
• Englisch
• Abmessung: 246mm x 189mm x 11mm
• Gewicht: 666g
• ISBN-13: 9781118504031
• ISBN-10: 1118504038
• Artikelnr.: 36397518

Autorenporträt

Muhammad Yusuf Saleem was born in Afghanistan. He obtained a Bachelor of Laws (LLB) from International Islamic University Malaysia in 1992, where he also studied his Master of Comparative Laws (MCL) and obtained a PhD in 2003. He is currently an Assistant Professor at the Faculty of Economics and Management Sciences, International Islamic University, Malaysia. He has taught a series of courses on Fiqh for Economist, Islamic Transactions (Mu'amalat), Islamic Jurisprudence (Usul al-Fiqh), Islamic banking and finance, zakat, waqf and Islamic law of inheritance (Faraidh). He has also taught Islamic Finance, and Fiqh al-mu'amalt courses for postgraduate students at the Graduate School of Management and at the IIUM Institute of Islamic Banking and Finance. Dr. Saleem contributed several articles to various local and international journals. He has participated and presented papers in international conferences in Kuala Lumpur, Dhaka, Jeddah, and Bahrain. Among his works are An Introduction to the Theoretical Foundations of Islamic Transactions, Muslim Powerlessness and the Nation-state, Methods and Methodologies in Fiqh and Islamic Economics, Mutawalli Institutions for the Management of Waqf Properties, Form v. Substance in Islamic Banking and Financial Transactions, and the Application of Ibra and Muqassah to House Financing Contracts.

Inhaltsangabe

Preface xi List of Abbreviations xiii Acknowledgments xv Introduction: An
Overview of Prohibited Elements 1 Usury (Riba) 2 Ambiguities in a Contract
(Gharar) 3 Gambling (Maysir) 4 Prohibited (Haram) Properties 5 1 The
Contract of Sale (Bay' ) 7 Introduction 8 The Pillars of a Sale Contract 9
Prohibited Sales and Practices 14 Contentious Sales 19 Chapter Questions 29
Notes 30 2 Types and Classifications of Sales 33 Introduction 34 Trust
Sales (Buyu' al-amanah) 35 Deferred Payment Sale (Bay' Bi-thaman Aajil) 36
Islamic Banks and a Sale Contract 37 Future Commodity Sale (Bay' al-Salam)
39 Manufacturing Sale (Bay'al-Istisna') 43 Currency Exchange (Bay' al-Sarf)
47 Chapter Questions 49 Notes 50 3 The Contracts of Employment and Lease
(Ijarah), Borrowing (I'arah), and Reward (Ja'alah) 51 Introduction 52 The
Pillars of the Ijarah Contract 53 The Contract of Borrowing Things
(al-I'arah) 60 The Contract of Reward for Service (al-Ja'alah) 61 Chapter
Questions 64 Notes 65 4 The Contract of Agency (Wakalah) 67 Introduction 68
The Pillars of an Agency (Wakalah) Contract 69 The Types of Agency 70
Agency in Sale 71 Agency in Purchase 73 The Effects and the Rights and
Liabilities of the Contracting Parties 74 An Agent Appointing Another Agent
75 Unauthorised Agency (al-Fadhalah) 76 Termination of an Agency 76 Chapter
Questions 77 Notes 78 5 The Contract of Loan (al-Qard ) 79 Introduction 80
Loan (Qard), Debt (Dayn), and Borrowing Things (I'arah) 81 A Loan That
Provides Conditional Benefi t to the Lender 82 Waiting or Giving Time to a
Borrower Is a Commendable Act 84 Chapter Questions 84 Notes 86 6 The
Contract of Safekeeping (al-Wadi'ah) 87 Introduction 88 The Pillars of
Wadi'ah Contracts 89 Relationship Between the Parties 89 When Is the
Depository Held Liable? 90 Using Deposited Money for Investment 91 Wadi'ah
and Islamic Banks 92 Termination of Wadi'ah 92 The Differences Between the
Contracts of Wadi'ah and Qard 93 Chapter Questions 93 Notes 94 7
Partnership (al-Sharikat) 95 Introduction 96 Division of al-Sharikat 96
Capital Partnerships (Sharikat al-Amwal) 98 Management of Partnership
(Sharikat al-'Inan) 101 Partnership of Services (Sharikat al-a'mal) 101
Partnership of Reputation or Creditworthiness (Sharikat al-Wujuh) 102
Partnership (Sharikat al-'Inan/Musharakah) and Islamic Banks 104
Dissolution of Partnership 106 Chapter Questions 107 Notes 109 8 Silent
Partnership (Mudarabah/Qirad ) 111 Introduction 112 Pillars of Mudarabah
Contract 113 The Status of Sahib al-mal and Mudarib 114 Distribution of
Profit and Treatment of Losses 114 Types of Mudarabah 115 Personal Expenses
of the Mudarib 116 What the Mudarib Cannot Do 117 Void Mudarabah 117
Termination of Mudarabah 118 The Differences Between Musharakah and
Mudarabah 119 Chapter Questions 119 Notes 121 9 Pledge, Mortgage, or Pawn
(al-Rahn) 123 Introduction 124 The Pillars of Pledge (Rahn) 125 The Use of
the Pledge by the Pledgee 126 Forfeiture of the Pledged Property 127
Chapter Questions 128 Notes 128 10 Guarantee (al-Kafalah) 129 Introduction
130 Pillars of Kafalah 131 The Effects of Kafalah 132 Immediate,
Conditional, and Suspended Kafalah 132 Types of Kafalah 132 Charging a Fee
for the Service of Guarantee 133 Letter of Guarantee 134 Termination of
Kafalah 134 Chapter Questions 135 Notes 136 11 Transfer of Debt
(al-Hawalah) 137 Introduction 138 Pillars of Hawalah 140 Types of Hawalah
140 Transfer of Right (Hawalat al-Haqq) 141 Bill of Exchange (Suftaja) 141
Termination of Hawalah 142 The Differences Between Hawalah and Kafalah 142
The Difference Between Hawalah and the Sale of Debt (Bay' al-Dayn) 143
Chapter Questions 143 Notes 144 12 The Contracts of Absolution (al-Ibra)
and Set-Off (al-Muqassah) 145 Introduction 146 The Subject-Matter of Ibra
146 The Pillars of Ibra 147 Types of Ibra 149 The Effect of an Ibra 149 The
Differences Between Absolution (Ibra) and Gift (Hibah) 150 The Contract of
Set-Off (al-Muqassah) 150 Classification of Muqassah 150 Chapter Questions
152 Notes 153 Answers to True/False Questions 155 Bibliography 161 About
the Author 165 Index 167